United States v. Hammoud

BEFORE
THE COURT is Defendant's pro se Motion
for Early Release Based on 18 U.S.C. 3582(C)(1)(A)(i) of the
First Step Act (Dkt. 264).[1] His motion seeks compassionate release.
The motion is DENIED.

Defendant
bears the burden of establishing that compassionate release
is warranted. United States v. Hamilton, 715 F.3d
328, 327 (11th Cir. 2013). Under the First Step Act, he must
exhaust available remedies in the Bureau of Prisons by
requesting compassionate release from the
warden.[2]Defendant makes no showing that he has
exhausted administrative remedies. On that basis alone the
motion is due to be denied. Moreover, it is due to be denied
on the merits.

The
First Step Act amended 18 U.S.C. § 3582 by providing
that the court may modify a sentence upon finding that
“extraordinary and compelling reasons” warrant
the reduction of sentence. 18 U.S.C. § 3582(c)(1)(A)(i).
The court, “upon motion of the Director of the Bureau
of Prisons, or upon motion of the defendant after the
defendant has fully exhausted all administrative rights to
appeal a failure of the Bureau of Prisons to bring a motion
on the defendant's behalf or the lapse of 30 days from
the receipt of such a request by the warden of the
defendant's facility, whichever is earlier, may reduce
the term of imprisonment (and may impose a term of probation
or supervised release with or without conditions that does
not exceed the unserved portion of the original term of
imprisonment), after considering the factors set forth in
section 3553(a) to the extent that they are applicable, if it
finds that- (i) extraordinary and compelling reasons warrant
such a reduction; . . ..” The Sentencing Guidelines
clarify that “extraordinary and compelling
reasons” include where a defendant is “suffering
from a serious physical or medical condition...that
substantially diminishes the ability of the defendant to
provide self-care within the environment of a correctional
facility and from which he or she is not expected to
recover.” U.S.S.G. § 1B1.13, cmt. n1 (A)(ii). The
Guidelines also allow for compassionate release based on a
defendant's age, family circumstances, or other
extraordinary or compelling circumstances. U.S.S.G. §
1B1.13, cmt. n.1 (B)-(D).

Defendant
stands convicted of retaliating against a witness,
solicitation to commit murder, use of a firearm during a
crime of violence and possession of a firearm by a convicted
felon and is serving a 300 month sentence (Dkt. 125). He does
not contend that he has been diagnosed with a terminal
illness or that he is suffering from a serious and advanced
illness with an end of life trajectory. While he suffers from
mental health issues, those same mental health issues were
summarized in his Presentence Investigation Report (Dkt. 254,
¶¶ 66-86). In sum, Defendant presents no evidence
that his medical or mental health conditions substantially
diminish his ability to provide self care in prison.

After
considering the factors in section 3553(a) to the extent
applicable, the court finds no extraordinary and compelling
reasons warranting a reduction in sentence. Moreover, a
reduction in sentence would be inconsistent with policy
statements of the Sentencing Commission found in U.S.S.G.
1B1.13, issued pursuant to the Commission's statutory
obligation to “promulgate ... general policy statements
regarding ... the appropriate use of ... the sentence
modification provisions set forth in sectio[n] ... 3582(c) of
title 18 ....”[3]

---------

Notes:

[1] In addition, Defendant filed two
supplements to his motion. (Dkts. 272, 274).

[2] Under Section 603(b) of the First Step
Act, Defendant is authorized to seek compassionate release in
court after he “fully exhausted all administrative
rights to appeal a failure of the Bureau of Prisons to bring
a motion on the defendant's behalf or the lapse of 30
days from the receipt of such request by the warden of the
defendant's facility, whichever is
earlier.”

[3] The policy statement identifies five
categories of extraordinary and compelling reasons. The first
requires a terminal illness, the second a serious condition,
impairment or deterioration that “substantially
diminishes the ability of the defendant to provide self-care
within the environment of a correctional facility, ”
the third that the defendant be at least 65 years old and
satisfy certain other requirements, the fourth the death or
incapacity of someone in one of a few specified relationships
to the defendant, and the fifth a ...

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